State v. Fuller (Signed Opinion)
Annotate this CaseThe Supreme Court held that the third offense provision contained in W. Va. Code 61-8-5(b) is ambiguous. Therefore, the rule of lenity applies, requiring the court to strictly construe the statute against the State and in favor of Defendant, who was charged with third offense of soliciting an act of prostitution in violation of section 61-8-5(b). The circuit court rejected Defendant’s argument that the third offense provision does not apply to an alleged prostitute but, rather, applies only to third parties who derive a financial benefit from the earnings of a prostitute. The Supreme Court reversed, holding that the third or subsequent felony offense provision only applies to third parties who financially benefit from the earnings of a prostitute. Therefore, the circuit court erred by denying Defendant’s motion to dismiss the indictment.
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